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66th Congress | SENATE I Document 

1st Session ) \ No. 150 



RESERVATIONS 



PROPOSED RESERVATIONS 

TO THE TREATY OF PEACE 

WITH GERMANY 




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NOVEMBER 6, 1919. — Ordered to be printed 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1919 



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[Senate Resolution 76.] 



Mr. Knox submitted the following resolution ; which was referred 
to the Committee on Foreign Relations : 

Whereas the Congress of the United States in declaring, pursuant 
to its exclusive authority under the Constitution, the exist- 
ence of a state of war between the United States and the 
Imperial German Government, solemnly affirmed that the 
Imperial Government has so " committed repeated acts of 
war against the Government and the people of the United 
States " that a state of war had been thrust upon them by 
that Government, and thereupon formally pledged the whole 
military and national resources of the country " to bring the 
conflict to a successful termination " ; and 

Whereas the Senate of the United States, being a coequal part of 
the treaty-making power of this Government, and therefore 
coequally responsible for any treaty which is concluded and 
ratified, is deeply concerned over the draft treaty of peace 
negotiated at Versailles by which it is proposed to end our 
victorious war and is gravely impressed by the fact that its 
provisions appear calculated to force upon us undesirable 
and far-reaching covenants inimical to our free institutions 
under the penalty that failing to accept these we shall con- 
tinue in a state of war while our cobelligerents shall be at 
peace and enjoying its blessings ; J:hat it is proposed to make 
us parties to a league of nations, under a plan as to which 
the people of the United States have had neither time to 
examine and consider nor opportunity to express regarding it 
a matured and deliberate judgment, whereas the treaty may 
be easily so drawn as to permit the making of immediate 
peace, leaving the question of the establishment of a league 
of nations for later determination; and that the treaty as 
drawn contains principles, guarantees, and undertakings obliter- 
ative of legitimate race and national aspirations, oppressive 
of weak nations and peoples, and destructive of human 
progress and liberty; Therefore be it 



TREATY OF PEACE WITH GERMANY. 

That the Senate of the United States will regard as 
te for our national needs and as completely respon- 

3 sive to the duties and obligations we owe to our cobelligerents 

4 and to humanity, a peace treaty which shall assure to the 

5 United States and its people the attainment of those ends for 
<5 which we entered the war, and that it will look with disfavor 

7 upon all treaty provisions going beyond these ends. 

8 2. That since the people of the United States have them- 

9 selves determined and provided in their constitution the only 

10 ways in which the Constitution may be amended, and since 

11 amendment by treaty stipulation is not one of the methods 

12 which the people have so prescribed, the treaty-making power 

13 of the United States has no authority to make a treaty which 

14 in effect amends the Constitution of the United States, and the 

15 Senate of the United States can not advise and consent to any 

16 treaty provision which would have such effect, if enforced. 



RESERVATIONS. 5 

1 3. That the Senate advises, in accordance with its constitu- 

2 tional right and duty, that the great paramount, if not sole 

3 duty of the peace conference is quickly to bring all the bel- 

4 ligerents a full and complete peace ; that to this end, the treaty 

5 shall be so drawn as to permit any nation to reserve without 

6 prejudice to itself for future separate and full consideration by 

7 its people the question of any league of nations, that neither 

8 such an article nor the exercise of the rights reserved thereunder, 

9 whether at the time of signature, the time of ratification, or 

10 at any other time, shall affect the substance of the obligations 

11 of Germany and its cobelligerents under the treaty, nor the 

12 validity of signature and ratification on their behalf; and that 

13 any indispensable participation by the United States in matters 

14 covered by the league covenant shall, pending the entry of the 

15 United States into the league, be accomplished through diplo- 

16 matic commissions which shall be created with full power in the 

17 premises. 

18 4. That this resolution indicates and gives notice of the limits 

19 of the present obligations against the United States in which 

20 the Senate of the United States is now prepared to acquiesce 

21 by consenting to the ratification of a treaty embodying peace 

22 conditions that may be found otherwise acceptable to its judg- 

23 ment, and that the adoption by the peace conference of the fore- 

24 going reasonable limitations and positions will facilitate the 

25 early acceptance of the treaty of peace by the Senate of the 

26 United States, will in no wise interfere with the league of nations 

27 as between these countries prepared to ratify the treaty without 



6 TREATY OF PEACE WITH GERMANY. 

1 further consideration and will afford such a manifestation of 

2 real respect for the wishes of a great people as can not fail 

3 more firmly to cement the friendship already existing between 

4 ourselves and our cobelligerents. 



RESERVATIONS. 



[Senate Resolution 86.] 

Mr. Spencer submitted the following resolution ; which was 
ordered to lie over under the rule: 

1 Resolved, That the Senate approaches the consideration of 

2 the league of nations with entire sympathy and in the earnest 

3 desire to cooperate as fully as it may in thus establishing and 

4 preserving the peace of the world. 

5 That in the interest of a frank and full understanding 

6 with the other nations of the world, and particularly with 

7 the signatory nations to the convenant itself, candor and f riend- 

8 ship alike require that the danger of future misunderstanding 

9 should as far as possible be eliminated, and to that end the 

10 following declarations should be clearly and definitely made: 

11 First. That the Monroe doctrine is an essential national 

12 policy of the United States, and that the necessity and extent 

13 of its application and enforcement are matters to be deter- 

14 mined alone by the United States as the occasion for interpreta- 

15 tion may from time to time arise and without interference, 

16 direct or indirect, on the part of any other nation. 

17 Second. That internal questions entirely domestic in char- 

18 acter, such as immigration and tariff, notwithstanding 

19 certain international results that may from time to time natu- 

20 rally be connected therewith, are matters to be determined 

21 entirely by the country in which they arise, and are under no 



8 TREATY OF PEACE WITH GERMANY. 

1 circumstances questions for settlement under the provisions 

2 of the league of nations. 

3 Third. That inasmuch as the United States is governed by 

4 a written constitution, the provisions of which are supreme 

5 and controlling in this Republic over every act, legislative, 

6 executive, or judicial, and by such constitution it is expressly 

7 provided that the power either to declare war or to continue 

8 war for more than two years is vested exclusively in the Con- 

9 gress of the United States, it is apparent that the United 

10 States can not bind itself in advance to either make war in 

11 the future or to send its Army or Navy into other lands for 

12 purposes of control, which is an act of war, without the express 

13 authorization of Congress at the time, and, therefore, whether 

14 the United States, as the necessity for such action in the 

15 future may arise, shall by any military or naval force cooper- 

16 ate in maintaining any of the provisions of the league of 

17 nations is a matter which the Congress under the provisions 

18 of the Constitution of the United States is, and must be, 

19 entirely free to determine by what in its judgment is at the 

20 time consistent with the honor and interest and duty of the 

21 American people. 



RESERVATIONS. 



Reservations by Mr. Hale. 

1 The Senate of the United States of America advises and 

2 consents to the ratification of said treaty with the follow- 

3 ing reservations and understandings as to its interpreta- 

4 tion and effect to be made a part of the instrument of 

5 ratification : 

6 First. That whenever two years' notice of withdrawal 

7 from the league of nations shall have been given, as 

8 provided in article 1 of the covenant, the power giving 

9 the notice shall cease to be a member of the league, or 

10 subject to the obligations of the covenant of the league, 

11 at the time specified in the notice, notwithstanding any 

12 claim, charge, or finding of the nonfulfillment of any inter- 

13 national obligation or of any obligation under said cove- 

14 nant: Provided, however, That such withdrawal shall not 

15 release the power from any debt or liability theretofore 

16 incurred. 

17 Second. That questions relating to immigration, or the 

18 imposition of duties on imports, where such questions do 

19 not arise out of any international engagement, are ques- 

20 tions of domestic policy, and these and any other questions 

21 which, according to international law, are solely within the 

22 domestic jurisdiction are not to be submitted for the con- 

23 sideration or action of the league of nations or of any of 

24 its agencies. 



10 TREATY OF PEACE WITH GERMANY. 

1 Third. That the meaning of article 21 of the covenant 

2 of the league of nations is that the United States of 
3 ' America does not relinquish its traditional attitude toward 
1 purely American questions, and is not required by said 

5 covenant to submit its policies regarding questions which 

6 it deems to be purely American questions to the league 

7 of nations or any of its agencies, and that the United 

8 States of America may oppose and prevent any acquisi- 

9 tion by any non-American power by conquest, purchase, 

10 or in any other manner of any territory, possession, or 

11 control in the Western Hemisphere. 

12 Fourth. That the meaning of article 10 of the covenant 

13 of the league of nations is that the members of the league 

14 are not under any obligation to act in pursuance of said 

15 article except as they may decide to act upon the advice 

16 of the council of the league. The United States of Amer- 

17 ica assumes no obligation under said article to undertake 

18 any military expedition or to employ its armed forces on 

19 land or sea unles such action is authorized by the Con- 

20 gress of the United States of America, which has exclusive 

21 authority to declare war or to determine for the United 

22 States of America whether there is any obligation on its 

23 part under said article and the means or action by which 

24 any such obligation shall be fulfilled. 



RESERVATIONS. 11 



[Senate Resolution 168.] 

Mr. Pittman submitted the following resolution; which was or- 
dered to lie over under the rule : 

1 Resolved, That when the Senate of the United States shall 

2 advise and consent to the ratification of the treaty ,of peace 

3 with Germany, signed at Versailles on the 28th day of June, 

4 1919, now pending in the Senate, that it be done with and in 

5 consideration of the following understanding as to the present 

6 and future construction and interpretation to be given to the 

7 treaty : 

8 1. That whenever the two years' notice of withdrawal from 

9 the league of nations shall have been given by any member of 

10 the league, as provided in Article I, the Government giving such 

11 notice shall be the sole judge whether all its international obli- 

12 gations and all its obligations under the covenant shall have 

13 been fulfilled at the time of withdrawal. 

14 2. That the suggestions of the council of the league of nations 

15 as to the means of carrying into effect the obligations of Article 

16 X, the execution of which may require the use of military or 

17 naval forces or economical measures, can only be carried out 

18 through the voluntary separate action of each of the respective 

19 Governments, members of the league, and that the failure of 

20 any such Government to adopt the suggestions of the council 

21 of the league, or to provide such military or naval forces or 



12 TREATY OF PEACE WITH GERMANY. 

1 economical measures, shall not constitute a moral or legal 

2 violation of the treaty. 

3 3. That all domestic and political questions relating to the 

4 internal affairs of a Government which is a member of the 

5 league, including immigration, coastwise traffic, the tariff, and 

6 commerce, are solely within the jurisdiction of such Govern- 

7 ment, and are not by the covenant of the league of nations 

8 submitted in any way either to arbitration or to the considera- 

9 tion of the council or assembly or the league of nations or to 

10 the decision or recommendations of any other power. If a 

11 dispute arises between parties with regard to a question other 

12 than those which are herein specifically exempted as domestic 

13 questions, and it is claimed by one of the parties that such 

14 question is a domestic and political question, relating to its 

15 internal affairs, then the council shall not consider or make 

16 recommendations thereon, except upon the unanimous vote of 

17 the council, other than the representations of the disputants. 

18 4. There shall not be submitted to arbitration or inquiry by 

19 the assembly or the council any question which, in the judg- 

20 ment of the United States, depends upon or involves its long- 

21 established policy, commonly known as the Monroe doctrine, 

22 and it is preserved uneffected by any provision of the said 

23 treaty. 



RESERVATIONS. 13 



[Senate Resolution 169.] 

Mr. Owen submitted the following resolution ; which was referred 

to the Committee on Foreign Relations: 

1 Resolved, That the Senate of the United States, in ratifying 

2 the treaty of peace with Germany, has done so with the under- 

3 standing that the meaning and purpose of this instrument is 

4 as follows : 

5 1. That there is nothing in the covenant establishing the 

6 league of nations capable of being interpreted as permitting 

7 the league of nations to interfere with any of the domestic 

8 affairs of the United States or of any other nation, such as 

9 matters relative to immigration, emigration, imports, or exports, 

10 coastwise traffic, or sovereignty within the three-mile limit of 

11 its seacoast. 

12 2. That nothing in the covenant can be construed as requir- 

13 ing the United States to use its military or naval forces except 

14 when the Congress of the United States within its own discre- 

15 tion may authorize it. 

16 3. That if any member nation should see fit to withdraw 

17 from the league would not be precluded from doing so on the 

18 ground that it had not complied with its obligations. 

19 4. That the covenant of the league will not in any degree 

20 impair the Monroe doctrine as heretofore interpreted by the 

21 Government of the United States. 



14 TREATY OF PEACE WITH GERMANY. 

1 5. That the league of nations is not authorized to interfere 

2 with the internal revolutions of any nation except in respect 

3 to the backward nations under a mandatory, nor to interfere 

4 with the readjustment of boundaries by agreement. 

5 6. It is the opinion of the Senate that the reduction of arma- 

6 ment should proceed as rapidly as the safety of the world 

7 shall permit. 

8 7. It is the opinion of the Senate that the pledge contained 

9 in article 23 (b) that the members of the league " undertake 

10 to secure just treatment of the native inhabitants under their 

11 control" is a moral pledge of the highest international char- 

12 acter made in pursuance of the principles enunciated by the 

13 President of the United States January 8, 1917, and in his 
11 subsequent addresses which were accepted by the allied gov- 

15 ernments on November 5, 1918, in arranging a basis for a 
1G treaty of peace with the Government of Germany. 

17 8. The Senate has ratified the treaty upon the express 

18 understanding that the Japanese Government will fully and 

19 speedily carry out the pledge made to the Chinese Govern- 

20 ment in May, 1915, with regard to the Shantung Peninsula 

21 and has every confidence of the faithful and early compliance 

22 with this pledge. 



RESERVATIONS. 15 



Reservations intended to be proposed by Mr. McCumber to be 
made a part of the resolution of ratification of the treaty of peace 
with Germany, viz: 

1 1. That whenever the two years' notice of withdrawal from 

2 the league of nations shall have been given by the United 

3 States, as provided in article 1, the United States shall be 

4 the sole judge whether all its international obligations and 

5 all its obligations under this covenant shall have been fulfilled 

6 at the time of withdrawal. 

7 2. That the suggestions of the council of the league of 

8 nations as to the means of carrying the obligations of article 

9 10 into effect are only advisory, and that any undertaking 

10 under the provisions of article 10, the execution of which 

11 may require the use of American military or naval forces or 

12 economic measure, can under the Constitution be carried out 

13 only by the action of the Congress, and that the failure of 

14 the Congress to adopt the suggestions of the council of the 

15 league, or to provide such military or naval forces or economic 

16 measures, shall not constitute a violation of the treaty. 

17 3. The United States reserves to itself the right to decide 

18 what questions are within its domestic jurisdiction and 

19 declares that all domestic and political questions relating to 

20 its internal affairs, including immigration, coastwise traffic, 

21 the tariff, commerce, and all other purely domestic questions 

22 are solely within the jurisdiction of the United States and are 

23 not by this covenant submitted in any way either to arbitra- 

24 tion or to the consideration of the council or the assembly of 



16 TREATY OF PEACE WITH GERMANY. 

1 the league of nations or to the decision or recommendation 

2 of any other power. 

3 4. The United States does not bind itself to submit for 

4 arbitration or inquiry by the assembly or the council any 

5 question which in the judgment of the United States depends 

6 upon or involves its long-established policy commonly known 

7 as the Monroe doctrine, and it is preserved unaffected by any 

8 provision in the said treaty contained. 

9 5. That in advising and consenting to the ratification of 

10 said treaty the United States understands that the German 

11 rights and interests, renounced by Germany in favor of 

12 Japan under the provisions of articles 156, 157, and 158 of 

13 said treaty, are to be returned by Japan to China at the 

14 termination of the present war by the adoption of this treaty 

15 as provided in the exchanged notes between the Japanese 

16 and Chinese Governments of date May 25, 1915. 

17 6. That the United States understands and construes the 

18 words " dispute between members " and the words " dispute 

19 between parties " in article 15 to mean that a dispute with a 

20 self-governing dominion, colony, or dependency represented 

21 in the assembly is a dispute with the dominant or principal 

22 member represented therein and that a dispute with such 

23 dominant or principal member is a dispute with all of its 

24 self-governing dominions, colonies, or dependencies; and that 

25 the exclusion of the parties to the dispute provided in the 

26 last paragraph of said article will cover not only the dominant 

27 or principal member, but also its dominions, colonies, and 

28 dependencies. 



RESERVATIONS. 1-7 



Reservations intended to be proposed by Mr. Smith of Georgia 

to be made a part of the resolution of ratification of the pending 
treaty of peace with Germany, viz : 

1 Resolved, That the Senate advises and consents to the ratifi- 

2 cation of the treaty with Germany with the following provisos 

3 to be made a part of such ratification : 

4 First. The United States understands and construes the words 

5 " dispute between members " and the words " dispute between 

6 parties," in article 15, to mean that a dispute with a principal 

7 member, self-governing dominion, colony, or dependency rep- 

8 resented in the assembly is a dispute with the dominant or prin- 

9 cipal member represented therein, and with each of the other 

10 self-governing dominions, colonies, or dependencies thereof, and. 

11 that the exclusion of the parties to the dispute provided in the 

12 last paragraph of said article will cover the dominant or princi- 

13 pal member, its dominions, colonies, and dependencies. 

14 Second. The United States understands that, as the covenant 

15 provides no tribunal to pass judgment upon the subject, when- 

16 ever the two years' notice for withdrawal from the league of 

17 nations shall have been given by a member nation, as provided. 

18 in article 1, the member nation shall be the sole judge whether 

19 all its international obligations and all its obligations under this 

20 covenant have been fulfilled, and notice of withdrawal by the 

21 United States can be given by a concurrent resolution of the 

22 Congress of the United States. 

23 Third. The United States understands that the reference ta 

24 the Monroe doctrine in the league covenant means that the 

S. Doc. 150. 66-1 2 



18 TREATY OF PEACE WITH GERMANY. 

1 long-established policy of the United States, commonly known 

2 as the Monroe doctrine, is preserved unaffected by the covenant, 

3 and that no question which depends upon or involves this policy 

4 is to be submitted to arbitration- or inquiry by the assembly or 

5 the council of the league. 

C> Fourth. The United States understands that, under the league 
7 covenant, no question can be raised either in the assembly or 
. 8 in the council of the league which will give either body the right 
9 to report or to make any recommendation, or to take any action 
10 upon the policy of the United States or any other member na- 
il tion with regard to domestic or political questions relating to 

12 its internal affairs, including immigration, coastwise traffic, the 

13 tariff, commerce, and all other purely domestic questions, but 

14 these questions, in whatever manner they may arise, are solely 

15 within the jurisdiction of each member nation, and are not by 
1G the covenant submitted in any way either to arbitration or to 

17 the consideration of the council or the assembly of the league of 

18 nations, or to the decision or recommendation of any other 

19 power, and, in the case of the United States, they are reserved 

20 for action by the Congress of the United States. 

21 Fifth. The United States understands that the advice which 

22 may be given by the council or the assembty of the league with ■ 

23 regard to the employment of the military or naval forces by a 

24 member nation, or with regard to the use of economic measures 

25 for the protection of any other country, whether member of the 

26 league or not, or for the purpose of coercing any other country 

27 or for the purpose of intervention in the internal conflicts or 



RESERVATIONS. 19 

1 other controversies which may arise in any other country, is to 

2 be regarded only as advice, and leaves each member nation free 

3 to exercise its own judgment as to whether it is wise or prac- 

4 ticable to act upon that advice, and that the Congress must 

5 determine for the United States its course. 

6 The United States can not assume, under the provisions of 

7 article 10, or any other article, any obligation to preserve the 

8 territorial integrity or political independence of any other coun- 

9 try, or to interfere, under the provisions of article 16, in contro- 

10 versies between other nations, whether members of the league 

11 or not. 

12 The authority for decisions in all matters, referred to in this 

13 reservation, is placed by the Constitution of the United States 

14 upon the Congress, and the failure of the Congress to adopt the 

15 suggestions of the assembly or the council of the league of na- 

16 tions, or to take independent action, shall not constitute a vio- 

17 lation of the treaty, and no mandate shall be accepted by the 

18 United States, as provided in article 22, part 1, except by action 

19 of the Congress of the United States. 

20 Sixth. The United States understands that the representatives 

21 of the other nations upon the reparations commission will inter- 

22 fere with exports from the United States to Germany, or from 

23 Germany to the United States, only when the United States 

24 also approves the interference. 

25 Seventh. The United States understands that no one may 

26 represent the United States in any of the positions created by 

27 the treaty, except when appointed by the President with the 



20 TREATY OF PEACE WITH GERMANY. 

1 advice and consent of the Senate, unless provision is hereafter 

2 made by the Congress for selections in a different manner, and 

3 the representative of the United States, either in the assembly 

4 or the council, shall have no authority to agree for the United 

5 States to any amendment to, or change in, the covenant of the 

6 league, until the same has been first submitted to and ratified 

7 by the Senate of the United States, as other treaties. 



RESERVATIONS. 2 1 



Reservation intended to be proposed by Mr. Curtis to the reser- 
vations proposed by the Committee on Foreign Relations, as a part 
of the resolution of ratification of the treaty of peace with Ger- 
many, viz : 

1 5. The United States construes subdivision " C " of article 23 

2 to mean that the league shall refuse to recognize agreements 

3 with regard to the traffic in women and children and that the 

4 league shall use every means possible to abolish and do away 

5 with such practice. 



RESERVATIONS. 23 



Reservations intended to be proposed by Mr. Thomas to be made 
a part of the resolution of ratification of the treaty of peace with 
Germany, viz : 

1 1. The United States declines to submit the credentials of its 

2 delegates and their advisers to the general conference to the 

3 determination of that body or to receive or act upon proposals 

4 of an} 7 conference from which its delegates and advisers or any 

5 of them have been excluded. And the United States under- 

6 stands and construes the Government delegates provided by 

7 article 389, and the twelve delegates representing governments 

8 upon the governing body of the international labor office and 

9 the person of independent standing to be nominated for the- 

10 panel provided by article 412 to mean that both employers and 

11 workers are ineligible to selection or appointment to said posi- 

12 tions or any of them. And the United States declines to submit 

13 the credentials or qualifications of any of its appointees under 

14 Part XIII of the treaty to any authority whatever. 

15 2. The United States understands that the provisions of 

16 article 1, Part I, of the treaty, authorizing any member of the 

17 league to withdraw therefrom, mean that any such withdrawal 

18 when made is a withdrawal from the international organization 

19 created by Part XIII of the treaty. The United States also- 

20 understands that amendments to Part XIII, under the pro- 

21 visions of article 422, shall not bind any member of the league- 

22 which signifies its dissent therefrom, but in that case it shall 

23 cease to be a member of the league. 



24 TREATY OF PEACE WITH GERMANY. 

1 3. The United States reserves to itself exclusively the right to 

2 decide what questions are within its domestic jurisdiction and 

3 that of the States, respectively, and declares that all domestic 

4 and political questions relating to its affairs, including immigra- 

5 tion, coastwise traffic, agriculture, the tariff, commerce, and all 

6 other domestic subjects are not under Part XIII of litis treaty 

7 submitted to the determination of the general conference, the 

8 governing body of the international labor union, or any other 
commission of inquiry to be chosen thereunder. 

10 4. The United States reserves the right to dei line to recognize 

11 the authority, except that of a member of the league, to file a 
L2 complaint with the international labor office that it is not se ur- 

13 ing effective observance of any convention which both have 

14 ratified in accordance with the articles of Part XIII. 



RESERVATIONS. 25 



Mr. Owen submitted the following resolution ; which was referred 
to Committee on Foreign Relations: 

1 Rt solved, That the United States in ratifying the covenant 

2 of the league of nations does not intend to be understood as 

3 modifying in any degree the obligations entered into by the 

4 United States and the Entente Allies in the agreement of Novem- 

5 ber 5, 1018, upon which as a basis the German Empire laid down 

6 its arms. The United States regards that contract to carry out 

7 the principles set forth by the President of the United States 

8 on January 8, 1917, and in subsequent addresses, as a world 

9 agreement, binding on the great nations which entered into it, 

10 and that the principles there set forth will be carried out in 

11 due time through the mechanism provided in the covenant, 

12 and that Article 23, Paragraph (b), pledging the members of 

13 the league to undertake to secure just treatment of the native 

14 inhabitants under their control, involves a pledge to carry out 

15 these principles. 

16 The protectorate which Germany recognizes in Great Britain 

17 over Egypt is understood to be merely a means through which 

18 the nominal suzerainty of Turkey over Egypt shall be trans- 

19 ferred to the Egyptian people, and shall not be construed as a 

20 recognition by the United States in Great Britain of any sov- 

21 ereign rights over the Egyptian people or as depriving the people 

22 of Egypt of any of their rights of self-government. 



RESERVATIONS. 27 



Suggested compromise reservations by Mr. McCumber : 

1 Concerning withdrawal : 

2 That the United States understands, and so construes article 1, 

3 that in case of notice of withdrawal from the league of nations, 

4 as provided in said article, the United States shall be the sole 

5 judge as to whether all its international obligations and all its 

6 obligations under the said covenant have been fulfilled. 

7 Concerning Article 10 : 

8 The United States assumes no obligation to preserve the 

9 territorial integrity or political independence of any other 

10 country, or to interfere in controversies between nations, whether 

11 members of the league or not, under the provisions of article 10, 

12 or to employ the military and naval forces of the United States 

13 under any article of the treaty for any purpose, unless in any 

14 particular case the Congress which, under the Constitution, has 

15 the sole power to declare war or authorize the employment of 

16 the military and naval forces of the United States, shall, by act 

17 or joint resolution, so declare. 

3 8 Concerning domestic questions : 

19 The United States reserves to itself exclusively the right to 

20 decide what questions are within its domestic jurisdiction, and 

21 declares that all domestic and political questions relating to its 

22 internal affairs, including immigration, coastwise traffic, the 

23 tariff, commerce, and all other domestic questions, are solely 

24 within the jurisdiction of the United States and are not, under 



28 TREATY OF PEACE WITH GERMANY. 

1 this treaty, submitted in any way either to arbitration or to the 

2 consideration of the council or the assembly of the league of 

3 nations or to the decision or recommendation of any other power. 

4 Concerning the Monroe doctrine : 

5 The United States does not bind itself to submit for arbitra- 

6 tion or inquiry by the assembly or the council any question 

7 which, in the judgment of the United States, depends upon or 

8 involves its long-established policy commonly known as the 

9 Monroe doctrine. Said doctrine is to be interpreted by the 

10 United Slates alone and is hereby declared to be wholly outside 

11 the jurisdiction of said league of nations; and it is preserved 

12 unaffected by any provision in said treaty contained. 

13 Concerning Shantung: 

14 The United States refrains from entering into any agreement 

15 on its part in reference to the matters contained in articles 

16 156, 157. and 158, and reserves full liberty of action in respect 

17 to any controversy which may arise in relation thereto. 

18 Concerning votes of dominions (where neither principal 

19 country nor dominion is party to dispute) : 

20 The United States reserves the right, upon the submission 

21 of any dispute to the council or the assembly, to object to any 

22 member and its self-governing dominions, dependencies, or 

23 possessions having in the aggregate more than one vote; and 

24 in case such objection is made the United States assumes no 

25 obligation to be bound by any election, finding, or decision in 

26 which such member and its said dominions, dependencies, and 

27 possessions have in the aggregate cast more than one vote. 



RESERVATIONS. 29 

1 Concerning votes of dominions (where principal conn- 

2 try or dominion is party to dispute) : 

3 That the United States understands and construes the words 

4 " dispute between members " and the words " dispute between 

5 parties " in article 15 to mean that a dispute with a self-govern- 

6 ing dominion, colony, or dependency represented in the assembly 

7 is a dispute with the dominant or principal member repre- 

8 sented therein and that a dispute with such dominant or prin- 

9 cipal member is a dispute with all of its self-governing dominions, 

10 colonies, or dependencies; and that the exclusion of the parties 

11 to the dispute provided in the last paragraph of said article 

12 will cover not only the dominant or principal member but 

13 also its dominions, colonies, and dependencies. 



RESERVATIONS. 31 



The following is proposed by Mr. Jones of Washington, as an 
additional paragraph in the resolution of ratification : 

1 The. United States hereby gives notice that it will with- 

2 draw from the league of nations at the end of two years from 

3 the date of the exchange of ratifications of this treaty unless by 

4 the end of that period — 

5 (1) The sovereignty of China shall have been fully restored 

6 over and in Shantung. 

7 (2) The relations of Ireland to the British Empire shall have 

8 been adjusted satisfactorily to the people of Ireland. 

9 (3) The independence of Egypt shall be recognized and that 

10 country set up as a free, independent, and sovereign State. 

11 (4) Each member of the league shall have abolished through 

12 the duly constituted authority the policy of maintaining its 

13 regular military and naval forces in time of peace by conscription. 



RESERVATIONS. 33 



Reservation intended to be proposed by Mr. Lenroot to be made 
a part of the resolution of ratification of the treaty of peace with 
Germany, viz : 

1 That the United States assumes no obligation to be bound by 

2 any election, decision, or finding of the council or assembly in which 

3 any member of its self-governing dominions, colonies, or parts of 

4 empire, in the aggregate, have had more than one vote; or in 

5 case of any dispute between the United States and any member 

6 in which such member, or any self-governing dominion, colony, 

7 empire or part of empire, united with it politically, shall have 

8 voted. 

S. Doc. 150, 66-1 :) 



RESERVATIONS. 35 



Reservation intended to be proposed by Mr. Borah to the reser- 
vations proposed by the Committee on Foreign Relations, as a part 
of the resolution of ratification of the treaty of peace with Germany, 
viz : 

1 The United States assumes no obligation to preserve the 

2 territorial integrity or political independence of any other 
•''> country or to interfere in controversies between nations — 

4 whether members of the league or not — under the provisions 

5 of Article X or to employ the military or naval forces of the 

6 United States imder any article of the treaty for any purpose. 



RESERVATIONS. 37 



Reservation intended to be proposed by Mr. Borah to the reserva- 
tions proposed by the Committee on Foreign Relations, as a part of 
the resolution of ratification of the treaty of peace with Germany, 
viz: 

1 The United States withholds its assent to article 147 and re- 

2 serves full liberty of action with respect to any matter or contro- 

3 versy which may arise under said article relative to the protec- 

4 torate proclaimed over Egypt by Great Britain on December 

5 18, 1914. 



RESERVATIONS. 39 



Resolution by Mr. King. 

Resolved {two-thirds of the Senators present concurring .therein) , 
That the Senate advise and consent to the ratification of the treaty of 
peace signed at Versailles on the 28th day of June, 1919, by the pleni- 
potentiaries of the United States and the other belligerent powers, 
with this reservation : That 

Whereas the Government of the United States takes the view that 
it is entirely competent through the legislative powers delegated to 
Congress by the Constitution, and the inherent legislative powers 
of the several States of the Union, to deal with all questions of 
domestic policy and especially with all questions concerning the 
status and relations of labor; and 
Whereas article 19 of the convention of the league of nations, which 
is a part of said treaty, provides that the assembly of the league 
of nations may from time to time advise the consideration by mem- 
bers of the league of international conditions whose continuance 
might endanger the peace of the world, under which power the 
assembly of the league of nations is entirely competent to deal 
with such conditions of labor as may produce unrest so great as 
that the peace and harmony of the world are imperiled; but not- 
withstanding said provision said treaty of peace further provides a 
special international organization of labor which is extraneous to 
the league of nations, the powers of which are defined in Part XIII 
of the treaty, comprising articles 387 to -127, inclusive; and 



40 TREATY OF PEACE WITH GERMANY. 

Whereas the Government of the United States does not recognize that 
the intervention of such said international labor office is at all 
necessary for the adoption of humane conditions of labor or would 
promote the cause of labor within the United States, or that such 
intervention would in any wise be proper or permissible: 

1 Therefore the United States of America withholds its assent 

2 to Part XIII, comprising articles 387 to 427, inclusive, of the 

3 said treaty of peace, and excepts and reserves the same from the 

4 act of ratification, and the United States of America declines to 
. r > participate in any way in the said general conference, or to par- 
r> ticipate in the election of the governing body of the international 

7 labor office constituted by said articles, and declines in any way 

8 to contribute or be bound to contribute to the expenditures of 

9 said general conference or international labor office. 



RESERVATIONS. 41 



Reservation proposed by Mr. Knox, to be made a part of the reso- 
lution of ratification of the treaty of peace with Germany : 

1 Resolved, That the Senate of the United States unreservedly ad- 

2 vises and consents to the ratification of this treaty in so far as it 
■3 provides for the creation of a status of peace between the United 

4 States and Germany. 

5 Resolved further, That the Senate of the United States advises 
^ and consents to the ratification of this treaty, reserving to the 

7 United States the fullest and most complete liberty of action in 

8 respect to any report, decision, recommendation, action, advice, 

9 or proposals of the league of nations or its executive council or 

10 any labor conference provided for in the treaty, and also the 

11 sole right to determine its own relations and duties and course 

12 of action toward such league or toward any member thereof or 

13 toward any other nation in respect to any question, matter, or 

14 thing that may arise while a member of such league, anything 

15 in the covenants or constitution of such league or the Treaty of 
ltf Versailles to the contrary notwithstanding, and also reserves to 

17 itself the unconditional right to withdraw from membership in 

18 such league, and to withdraw from membership in any body, board, 

19 commission, committee, or organization whatever set up in any 

20 part of the treaty for the purpose of aiding its execution or 

21 otherwise: effecting by such withdrawal as complete a release of 

22 any further obligations and duties under such treaty as if the 

23 United States had never been a party thereto. 



42 TREATY OF PEACE WITH GERMANY. 

1 It is also further resolved, That the validity of this ratification 

2 depends upon the affirmative act of the principal allied powers 

3 named in the treaty of peace with Germany, approving these res- 

4 ervations and certifying said approval to the United States with- 

5 in sixty days after the deposit of the resolution of ratification by 

6 the United States. 



RESERVATIONS. 43 



Reservations proposed by Mr. Lodge, to the treaty of peace with 
Germany : 

1 1. The reservations and understandings adopted by the Senate 

2 are to be made a part and a condition of the resolution of ratifi- 

3 cation, which ratification is not to take effect or bind the United 

4 States until the said reservations and understandings adopted 

5 by the Senate have been accepted by an exchange of notes as a 

6 part and a condition of said resolution of ratification by at least 

7 three of the four Principal Allied and Associated Powers, to wit : 

8 Great Britain, France, Italy, and Japan. 

9 2. The United State so understands and construes Article 1 

10 that in case of notice of withdrawal from the league of nations, 

11 as provided in said article, the United States shall be the sole 

12 judge as to whether all its international obligations and all its 

13 obligations under the said covenant have been fulfilled, and 

14 notice of withdrawal by the United States may be given by a 

15 concurrent resolution of the Congress of the United States. 



TREATY OF PEACE WITH GERMANY. 

1 3. The United States assumes no obligation to preserve the 

2 territorial integrity or political independence of any other coun- 

3 try or to interfere in controversies between nations — whether 

4 members of the league or not — under the provisions of Article 

5 10, or to employ the military or naval forces of the United States 
under any article of the treaty for any purpose, unless in any 

7 particular case the Congress, which, under the Constitution, has 

8 the sole power to declare war or authorize the employment of 

9 the military or naval forces of the United States, shall by act 

10 or joint resolution so provide. 

11 4. No mandate shall be accepted by the United States under 

12 Article 22. Part 1. or any other provision of the treaty of peace 

13 with Germany, except by action of the Congress of the United 

14 States. 

15 5. The United States reserves to itself exclusively the right 
1G to decide what questions are within its domestic jurisdiction 

17 and declares that all domestic and political questions relating 

18 wholly or in part to its internal affairs, including immigration, 

19 labor, coastwise traffic, the tariff, commerce, the suppression 

20 of traffic in women and children and in opium and other dan- 

21 gerous drugs, and all other domestic questions, are solely within 

22 the jurisdiction of the United States and are not under this 

23 treaty to be submitted in any way either to arbitration or to the 

24 consideration of the council or of the assembly of the league of 

25 nations, or any agency thereof, or to the decision or recom- 

26 mendation of any other power. 



RESERVATION'S. 45 

1 6. The United States will not submit to arbitration or to 

2 inquiry by the assembly or by the council of the league of 

3 nations, provided for in said treaty of peace, any questions 

4 which in the judgment of the United States depend upon or 

5 relate to its long established policy commonly known as the 

6 Monroe doctrine; said doctrine is to be interpreted by the 

7 United States alone and is hereby declared to be wholly out- 

8 side the jurisdiction of said league of nations and entirely 

9 unaffected by any provision contained in the said treaty of 

10 peace with Germany. 

11 7. The United States withholds its assent to Articles 156, 157 

12 and 158 and reserves full liberty of action with respect to any 

13 controversy which may arise under said articles between the 

14 Republic of China and the Empire of Japan. 

15 8. The Congress of the United States will provide by law for 

16 the appointment of the representatives of the United States in 

17 the assembly and the council of the league of nations and may 

18 in its discretion provide for the participation of the United 

19 States in any commission, committee, tribunal, court, council 

20 or conference, or in the selection of any members thereof and 

21 for the appointment of members of said commissions, com- 

22 mittees, tribunals, courts, councils or conferences, or any other 

23 representatives under the treaty of peace, or in carrying out 

24 its provisions, and until such participation and appointment 

25 have been so provided for and the powers and duties of such 

26 representatives have been so defined by law, no person shall 

27 represent the United States under either said league of nations 



46 TREATY OF PEACE WITH GERMANY. 

1 or the treaty of peace with Germany or be authorized to perform 

2 any act for or on behalf of the United States thereunder and 

3 no citizen of the United States shall be selected or appointed as 

4 a member of said commissions, committees, tribunals, courts, 

5 councils or conferences, except with the approval of the Senate 

6 of the United States. 

7 9. The United States understands that the reparation com- 

8 mission will regulate or interfere with exports from the United 

9 States to Germany, or from Germany to the United States, only 

10 when the United States by Act or Joint Resolution of Congress 

11 approves such regulation or interference. 

12 10. The United States shall not be obligated to contribute to 

13 any expenses of the league of nations, or of the secretariat, or of 

14 any commission, or committee, or conference, or other agency, 

15 organized under the league of nations or under the treaty or for 

16 the purpose of carrying out the treaty provisions, unles and until 

17 an appropriation of funds available for such expenses shall have 

18 been made by the Congress of the United States. 

19 11. If the United States shall at any time adopt any plan for 

20 the limitation of armaments proposed by the council of the 

21 league of nations under the provisions of Article 8, it reserves 

22 the right to increase such armaments without the consent of the 

23 council whenever the United States is threatened with invasion 

24 or engaged in war. 

25 12. The United States reserves the right to permit, in its dis- 

26 creation, the nationals of a covenant-breaking State, as denned 

27 in Article 16 of the covenant of the league of nations, residing 



RESERVATIONS. 47 

1 within the United States or in countries other than that vio- 

2 lating said Article 16, to continue their commercial, financial 

3 and personal relations with the nationals of the United States. 

4 13. Nothing in Articles 296, 297, or in any of the annexes 

5 thereto or in any other article, section or annex of the treaty 

6 of peace with Germany shall, as against citizens of the United 

7 States, be taken to mean any confirmation, ratification or ap- 

8 proval of any act otherwise illegal or in contravention of the 

9 rights of citizens of the United States. 

10 14. The. United States declines to accept, as trustee or in her 

11 own right, any interest in or any responsibility for the gov- 

12 ernment or disposition of the overseas possessions of Germany. 

13 her rights and titles to which Germany renounces to the 

14 Principal Allied and Associated Powers under Articles 119 to 

15 127 inclusive. 

16 15. The United States reserves to itself exclusively the right 

17 to decide what questions affect its honor or its vital interests 

18 and declares that such questions are not under this treaty to 

19 be submitted in any way either to arbitration or to the con- 

20 sideration of the council or of the assembly of the league of 

21 nations or any agency thereof or to the decision or recommenda- 

22 tion of any other power. 



MB - 6 1 



RESERVATIONS. 49 



Reservation proposed by Mr. Johnson of California to be made a 
part of the resolution of ratification of the treaty of peace with Ger- 
many. 

1 The Senate of the United States advises and consents to the ratifi- 

2 cation of said treaty, with the following reservations and conditions, 

3 anything in the covenant of the league of nations and the treaty to 

4 the contrary notwithstanding. 

5 When any member of the League has or possesses self-governing 

6 dominions or colonies or parts of empire, which are also members of 

7 the league, the United States shall have representatives in the council 

8 and assembly, and in any labor conference or organization under 

9 the league or treaty, numerically equal to the aggregate number of 

10 representatives of such member of the league and its self-governing 

11 dominions and colonies and parts of empire in such council and as- 

12 sembly of the league, and labor conference or organization under the 

13 league or treaty ; and such representatives of the United States shall 

14 have the same powers and rights as the representatives of said mem- 

15 ber and its self-governing dominions or colonies or parts of empire; 

16 and upon all matters whatsoever, except where a party to a dispute, 

17 the United States shall have votes in the Council and assembly, and 

18 in any labor conference or organization under the league or treaty 

19 numerically equal to the aggregate vote to which any such member 

20 f the league and its self-governing dominions and colonies and parts 

21 of empire are entitled. 

S. Doc. 150, 66-1 4 






50 TREATY OF PEACE WITH GERMANY. 

1 Whenever a case referred to the council or assembly involves : 

2 dispute between the United States and another member of tin 

3 league whose self-governing dominions or colonies or parts o 

4 empire are also represented in the council or assembly, or betweei 

5 the United States and any dominion, colony, or part of any othei 

6 member of the league, neither the disputant members nor any o: 

7 their said dominions, colonies, or parts of empire shall have a vote 

8 upon any phase of the question. 

9 Whenever the United States is a party to a dispute, which ie 

10 referred to the council or assembly, and can not, because a party 

11 vote upon such dispute, any other member of the council or assem- 

12 bly having self-governing dominions or colonies or parts of em- 

13 pire also members, upon such dispute to which the United States 

14 is a party or upon any phase of the question, shall have and cast 

15 for itself and its self-governing dominions and colonies and parts 

16 of empires, all together, but one vote. 

o 



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